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Petition No. JG‑215 of 1984, decided on 3rd December, 1984.
‑‑‑Ss.2(b) & 15‑‑"Wages"‑‑Pension‑‑A benefit of past service and not a remuneration of existing service‑‑Not included in term "wages"‑ Authority, held, has no jurisdiction in cases of pension claim ‑‑[1968 P L C 271 and 1976 P L C 13 held not applicable].
1968 P L C 271 and 1976 P L C 13 held not applicable.
H. R. Haider for Petitioner.
Respondent in person.
Date of hearing: 7th November, 1984.
The decision, dated 24‑7‑1984 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad in its appellate jurisdiction is informed to be without jurisdiction and ultra vires.
2. The respondent had, before the Authority under the Payment of Wages Act, claimed pension and wages but pension was not allowed holding that it was beyond its jurisdiction. According to the learned lower appellate Court, pension comes within the definition of 'wages' since it can be calculated in terms of money. But it has failed to, notice that the other conditions do not stand fulfilled. Section 2 of the Payment of Wages Act says that the wages would be payable if terms of contract of employment were fulfilled. On retirement the terms of employment come to an end, so no question of payment of wages arises. Pension is a benefit of past service and not the remuneration of existing service. Fund contributed towards pension has been expressly excluded by exception (b) to the said section. When recovery of fund contributed by the employer towards pension is beyond the jurisdiction of the Authority, how recovery of pension can be ordered. So the forum to claim pension was not the Authority under the Payment of Wages Act.
3. Learned counsel for the respondent has argued that pension is included in the definition of wages and has cited 1968 P L C 271 and 1976 P L C 13 but no such point was involved in the said rulings and thus they are not helpful.
4. As a result, the revision is accepted and setting aside the impugned decision, of the learned lower appellate Court, the order of the learned Authority under the Payment of Wages Act is restored.
A. E.
Revision accepted.
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